The European Union and the United States reached a new deal Tuesday on privacy protections for Europeans’ data that gets sent to U.S. servers. The agreement, to be called Privacy Shield, replaces an agreement repudiated by the European Court of Justice in October. That’s good news for major corporations like Facebook and Google that want continued access to their European users’ data.

But the new agreement requires scrutiny itself, which European regulators and probably the ECJ are going to give it. Notwithstanding the powerful business interests at stake, there’s reason to think that the agreement may have loopholes that make it difficult for those bodies to uphold.

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